The prosecution must prove guilt beyond a reasonable doubt; significant contradictions in eyewitness testimony can lead to acquittal.

JUDGMENT :

ILESH J. VORA, J.

1. The present appeal is filed by the appellant – original accused under Section 374 of Code of Criminal Procedure, 1973 (old) (‘Cr.P.C.’, in short) against the judgement and order of conviction and sentence dated 30.04.2015 passed by the learned Additional Sessions Judge, Surat in Sessions Case no. 50 of 2013, wherein, the appellant came to be tried for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (old) (‘IPC’, for short) and Section 135 of the Gujarat Police Act, 1951 (‘G.P. Act’, in short). At the end of the trial, the appellant came to be convicted under Sections 302 of IPC and Section 135 of G.P. Act and was sentenced as under:

2. Facts and circumstances giving rise to file this appeal are as under:

According to the case of the prosecution, on 10.05.2012, deceased Rajkumar Paswan was killed by the present appellant accused Jitendra Paswan by stabbing him multiple times with the arm knife. The motive behind the murder was that before two days of the incident i.e. 08.05.2012, the accused appellant tried to outrage the modesty of the wife of the deceased viz. Kushum Paswan PW:12 Exh.43. The appellant was called by the deceased as well as father of the victim Kushum. At that time, the appellant accused threatened the deceased. In order to take revenge the earlier incident, the appellant accused and deceased Rajkumar, who are residing in the same area at Surat, met in the open ground near the grocery shop viz. Gunja Provision Stores. Again, on the issue of harassment of the deceased, this scuffle took place between them and the complainant Ramsabad PW:8, intervened to defuse the dispute, as a result, the appellant left the place. After some time, at about 10:30 p.m., the appellant accused came at the scene of offence. He inflicted multiple stabbed wound at the stomach of the deceased by using kitchen knife and thereafter, he ran away. The deceased was in a critical condition and taken to Smear Hospital at Surat where he succumbed to injuries. The father in law of the deceased PW:8 lodged an FIR inter alia alleging the act of murder against the appellant accused. Police Inspector, Udna Police Station, Surat PW:16, proceeded to investigate the case. He arrested the accused. In the presence of panchas, at the behest of the appellant accused, knife was discovered and recovered. He recorded the statement of eyewitnesses. He collected the medical papers and after receiving the report of the FSL, I.O. had filed the chargesheet against the appellant accused.

3. On the basis of material on record, the charge was framed against the appellant at Exh. 5, to which he pleaded not guilty and therefore, he came to be tried by the trial Court, accordingly.

4. In order to prove the case against the appellant, prosecution has examined 16 witnesses and exhibited 21 documents to prove its case as per the following table:

Oral evidence